Why a Richmond Truck Accident Lawyer Says, “Don’t Sign That Medical Release Form Yet!”
People involved in car accidents with large commercial trucks often experience severe medical complications, including traumatic brain injury (TBI), spinal cord damage, and other life-altering conditions. If this happens to you and the crash wasn’t your fault, you have the right to file a truck accident injury claim, but if you’ve not done this before, it’s important to know certain aspects of the process.
For example, the insurance company for the at-fault party might request that you sign a medical release form. While this may seem fairly routine, don’t do a thing until you speak with an experienced Virginia truck accident lawyer. At The Mottley Law Firm, we’ll clearly explain your rights and discuss whether or not signing a medical authorization form is a smart move in your case.
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4 Important Reasons Not to Sign a Medical Release After a Truck Accident
Virginia is an at-fault insurance state. So, if you’re in a crash with a big rig, semi, tanker, or commercial bus that wasn’t your fault, you can file a claim for injury and property damages. The insurance adjuster for the negligent party, such as the vehicle operator or trucking company, has to take certain steps before they can issue payment to victims—one of which is to ask victims to sign a medical release form, sometimes called a medical authorization form. The form grants permission to access all your medical records. Insurers say they need this information to evaluate the cost of injuries accurately.
Signing a medical release form when asked may seem innocuous, but it’s often not in your best interest. Here are several reasons why.
1. Unlimited Access to All Medical Records
Not all medical authorization forms are made alike. Most often, insurers seek blanket permission to access all your records with a medical release—including those that have nothing to do with your truck accident injuries at all. The reason they want this level of access is to strengthen their case and weaken yours.
2. Premature Conclusions From Incomplete Data
Insurance companies are often quick to ask victims to sign medical authorization forms soon after they make a claim. But, this paints an incomplete picture. You’re only beginning to recover, and the full impact of your condition isn’t known. For example, the National Highway Traffic Safety Administration states that crash injuries such as TBIs are frequently referred to as the “silent epidemic” due to “changes that affect thinking, sensation, language, or emotions that may not be readily apparent.” Spinal cord injuries, even if they don’t cause paralysis, might require months of rehabilitation.
So early conclusions underestimate the true severity of injuries, reducing the amount of possible compensation required to achieve maximum medical improvement.
3. Evidence to Devalue or Deny Your Claim
With all this information, an insurer can use your complete medical history to build defenses in truck accident cases. A common example is referencing preexisting injuries or health conditions and stating they caused or contributed to current expenses—which is a tactic to reduce the amount of your claim or even deny it altogether.
4. Invasion of Privacy
Everyone has a reasonable right to privacy, but signing a comprehensive medical release form can be a significant invasion of it. This grants insurers access to sensitive information that may be completely unrelated to your case. Insurance companies can also use surveillance to further compromise your privacy and devalue your claim.
What to Do After a Virginia Truck Accident
One of the most common mistakes after a Virginia truck crash is settling too quickly. It’s certainly understandable that you’re eager to pay for current medical expenses and put this all behind you because dealing with the aftermath is confusing and overwhelming. However, one of the first things to do is to call a Virginia truck accident lawyer for legal advice.
The skilled team at The Mottley Law Firm can guide you through this difficult process. We help you gather evidence in support of your case, speak with insurers on your behalf, and recommend steps to protect your legal rights—and that includes waiting to sign any type of medical release form until you have a chance to discuss it thoroughly with your attorney.
An insurer might also ask for a physical examination with a third-party physician. The truth is these doctors may not be completely impartial. Remember, you always have the right to select the medical care you receive. This is another topic your attorney can address and provide more insight into your specific case.
Consequences of Refusing to Sign a Medical Release Form
Before insurers issue payment for your hospital bills, they may request you to sign a medical release form. Because you’re under no obligation to do so, the main consequence of refusing is a possible delay in receiving payment. However, not signing the form right away increases the potential of receiving a larger settlement at the end.
Why is this important to know? Once you agree to truck accident compensation, you can’t seek any other damages, so it’s important to be patient. This is another reason why having trusted legal counsel to guide you through the process is vital to your physical, emotional, and financial recovery.
At The Mottley Law Firm, we offer a free consultation to review and discuss your claim. These cases typically operate on a contingency basis—this means there are no upfront costs to hire our truck accident legal team, and we only get paid when you receive your final settlement. So trust us to help you pursue justice and proper compensation.
